095-23 - Resolution - Contract with Bureau Veritas for Building Plan ReviewDocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F
RESOLUTION NO. 095-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, CONTRACT NO. 078-23 WITH BUREAU VERITAS NORTH AMERICA
INC. FOR BUILDING DEPARTMENT PLAN REVIEW AND INSPECTION SERVICES.
WHEREAS, the City identified the need for additional professional consultant services to
support the City's Building Department for plan review and inspection services due to an influx
of submissions to the Department; and
WHEREAS, the City Department of Community Development utilized the MRSC
Professional Services Rosters, main category Building Department Services and subcategory
Building Inspection Services, for qualified consultants to provide Building Plan Review and
Inspection Services; and
WHEREAS, the City evaluated the statements of qualifications posted on the roster and
selected Bureau Veritas North America, Inc. and the most highly qualified firm to provide these
services; and
WHEREAS, the City Council finds that it is in the best interests of the residents of Port
Orchard to authorize the Mayor to execute an Agreement with Consultant, as described herein;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute a Contract with Bureau Veritas
North America, Inc. for Plan Review and Building Inspection Services, as is attached
hereto as Exhibit A and incorporated herein by this reference.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 26t" day of September 2023.
DocuSigned by:
E3FR47P)
Robert Putaansuu, Mayor
o
ATTFST;
cuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F
Port Orchard Contract #: 078-23
Authorized Amount: $140,000
Date Start: Upon Mutual Execution
Date End: DATE
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a
Washington municipal corporation ("City"), and Bureau Veritas North America, Inc. ("Consultant"), a
Delaware Corporation located and doing business at 2119 SE Columbia Way, STE 280, Vancouver, WA
98661.
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents and does not
have the expertise and staffing to perform these services using existing employees; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter
062.11 l:Z��i�ii
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform work as assigned by the City described in Exhibit "A" of this
Agreement which is attached hereto and incorporated herein by this reference as if set forth in full.
Additional work may be assigned by the City, however, this Agreement does not obligate the City to
assign any specific work or any work to the Consultant. Upon issuance of an assignment to Consultant
by the City hereunder, the Consultant shall perform in conformance with the assignment and the terms
of this Agreement. In performing the services, the Consultant shall comply with all federal, state, and
local laws and regulations applicable to the services. The Consultant shall perform the services
diligently and completely and in accordance with professional standards of conduct and performance.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
2. Compensation.
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The City shall pay the Consultant for services rendered according to the rates and methods set
forth below.
TIME AND MATERIALS NOT TO EXCEED. Total compensation for these services shall not
exceed $140,000 without advance written authorization from the City, and will be based on the list of
billing rates and reimbursable expenses attached hereto as Exhibit "B."
3. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to
the City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the Parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited
to, the maintenance of a separate set of books and records that reflect all items of income and expenses
of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by
law, to show that the services performed by the Consultant under this Agreement shall not give rise to
an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial
Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modify the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing upon mutual
execution hereof ("Effective Date") and ending two (2) years from the Effective Date unless sooner
terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one -
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year extensions prior to expiration of the Agreement to retain the Consultant's services without further
action authorizing said amendment by the City Council.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
S. Standard of Care.
The Consultant represents and warrants that it has the requisite training, skill, and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed
by all applicable agencies and governmental entities. Services provided by the Consultant under this
Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
6. Ownershin and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are
considered "public records" and are subject to disclosure by the City under the Public Records Act,
Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance
with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City's public records officer at no cost
to the City.
7. Relationship of the Parties: Independent Consultant.
The Parties intend that an independent contractor -client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative
or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work,
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the City being interested only in the results obtained under this Agreement. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or sub -
consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, representatives, and sub -consultants during the performance of this Agreement.
The City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work that the Consultant performs hereunder.
8. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN
MUTUALLY NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. Insurance.
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
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limits:
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-VII.
E. Verification of Coverage. The Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
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H. No Limitation. Consultant's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or become applicable within the terms of this
Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. Work Performed at the Consultant's Risk.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or
held by the Consultant for use in connection with the work.
13. Termination.
This Agreement may be terminated by the City at any time for any reason upon thirty (30) days
advance notice. Upon termination for any reason, all finished or unfinished documents, reports, or
other material or work of the Consultant pursuant to this Agreement shall be submitted to the City,
and the Consultant shall be entitled to just and equitable compensation for any satisfactory work
completed prior to the date of termination, not to exceed the total compensation set forth herein. The
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Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the
event of such termination. Upon termination, the City may takeover the work and prosecute the same
to completion, by contract or otherwise.
Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Violation of this Section shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
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The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiali
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense
shall accrue to the City in the event that the terms of the provision are effectuated.
20. Employment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more members of
any retirement system administered by the Washington State Department of Retirement Systems
(DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written
form if any of the Contractor's employees providing services to the City retired using the 2008 Early
Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008
ERFs, and whether the nature of the service and compensation would result in a retirement benefit
being suspended. Failure to make this determination exposes the City to significant liability for pension
overpayments. As a result, before commencing work under this Agreement, Contractor shall determine
whether any of its employees providing services to the City or any of the Contractor's owners retired
using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form
provided by the City after this notification is made. This notification to DRS could impact the payment
of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and
hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and
costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's
failure to comply with the terms of this provision. This provision shall survive termination of this
Agreement.
21. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of
the parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
22. Non -waiver of Breach.
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The failure of either party to insist upon strict performance of any of the covenants and agreements
contained herein, or to exercise any option herein contained in one or more instances, shall not be
construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same
shall be in full force and effect.
23. Modification.
No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless
in writing and signed by a duly authorized representative of the City and the Consultant.
24. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
cityclerk@portorchardwa.gov
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
C/O Craig Baptista
180 Promenade Circle, Suite 150
Sacramento CA 95834
Phone No.: (916) 514-4516
Email: craig.baptista@bureauveritas.com
25. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the
term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise
between the parties relative to the actual services provided or to the sufficiency of the performance
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hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions
of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if
the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any
resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement,
the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other Party.
26. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
those operations.
27. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
A. Compliance with Regulations. The Consultant will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time,
which are herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination. The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto
and incorporated herein by this reference, including employment practices when this Agreement
covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
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under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income -level, or LEP.
D. Information and Reports. The Consultant will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
28. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
29. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT CITY OF PORT ORCHARD
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By: Ct.0 95�
Title: Vice President
Date: September 27, 2023
DocuSigned by:
By: jean P4a&A SWA,
Robert Putaansuu, Mayor
9/27/2023
Date:
ATTEST f AUjHENTICATE
�Oclgne y:
UJAUAU-
Brandy Wallace, MMC, City Clerk
APPR�VgD�►S TO FORM
Port Orchard City Attorney's Office
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EXHIBIT A
Scope of Services to be Provided by Consultant. When requested by the City, the Consultant
will provide services in accordance with the terms and conditions of this agreement.
BUILDING OFFICIAL SERVICES
At the request of the City's Building Official, services may be provided for code interpretation and
administrative needs such as ordinance review and update, staffing needs and department budget
development and review.
MEETING ATTENDANCE
The Consultant's staff is available to attend City -requested meetings such as pre -application,
preconstruction or cooperative review meetings.
PLAN REVIEW
The City will determine which plans and building permit applications will be reviewed by the
Consultant. The City will intake, track, and process the permit applications and all revisions per
current building permit administration procedures. The Consultant will review such plans submitted
with building permit applications for structural and nonstructural code compliance in accordance
with the currently adopted construction codes as adopted and amended by the state of Washington
and the City, except that the Consultant will confer with the City's Building Official and his/her agent
on any portion of the review that specifically requires the approval of the Building Official as specified
in the code(s).
The Consultant will not design for the applicant, make any structural changes on the plans, or make
any changes that directly contradict other information on the plans. Significant changes must be
made by or under the direction of the applicant or design professional.
When the plans and applications are consistent with the City's codes, the Consultant will indicate that
the drawings have been reviewed and found to be in substantial compliance with applicable
construction codes and ordinances. The reviewer's name and date of compliance will be affixed to
each sheet in up to three sets of drawings including the cover sheet.
Full Plan Review: Upon request by the City, the Consultant shall review all project documents which
consist of plans, specifications and engineering. The Consultant will approve and return the plans to
the City for additional permit processing; or a plan review correction letter will be drafted identifying
corrections or requesting additional information and routed to the City.
The Consultant will approve and return the plans to the City for additional permit processing;
or a plan review correction letter will be drafted identifying corrections or requesting additional
information and routed to the City. Review may include:
• Structural Review
• Architectural Review
• Energy Review
• Barrier Free Accessibility Review
• Fire Code Review
• Fire Sprinkler Review
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• Fire Alarm Review
• Mechanical Review
• Plumbing Review
• Civil/Site Plan Review
Deferred Review & Review After Permit Issuance: Upon request by the City, the Consultant shall
review deferred submittal designs, approve and return plans to the City for additional permit
processing; or a plan review correction letter will be drafted identifying corrections or requesting
additional information. Review of deferred submittal items or revision to permits after
approval or permit issuance are provided at an hourly rate included in Exhibit B.
Additional Reviews: The Consultant shall perform additional reviews beyond (1) recheck when
authorized by the City, at an hourly rate as described in Exhibit B.
Turn -around Time: Plans will be reviewed using the Washington State Building and Energy Code
as adopted by the City and will be processed using the Timeline Schedule for Plan Review
listed below. Timeline commences upon delivery of a complete permit application and plans; and
ends upon the delivery of a correction letter or return of the approved permit application and plans.
The City's Building Official has sole authority to interpret and reject plans.
• The review time may be negotiated based on the number and complexity of projects to be
reviewed. The Consultant will not be held responsible for delays beyond the Consultant's control.
During heavy workloads or schedule delays, the Consultant shall notify the City of revisions to
estimated target dates.
Timeline Schedule for Plan Review
Project Type Initial Review
(Business Days)
Recheck
(Business Days)
Residential Projects
(New Construction, Additions & Remodels)
105
New Multi -Family Projects 15 10
Commercial Projects 10-20 7-10
Commercial Additions, Tenant Improvements 10 5-7
*All turnaround times have been specified from the full day they are received in our offices.
311L RI1011 11L1;3:A41HQL11
Depending on staff availability the Consultant will provide a certified building inspector or equal to
perform the following services on an as -needed, on -call basis:
• Upon authorization by the City, the inspector will perform building inspection work for the City.
• Generally advance notice of inspection requests are recommended and desired to assure
confirmation of staffing needed to provide inspection services. This is generally possible for
scheduled vacations, training events, and other known scheduling needs such as heavy workflow.
In the case of heavy work flow a City provides notice that a set schedule, is requested (i.e., Tuesday
/Thursday for the next 4 months starting March 1, etc.) while this method is desirable to assure
adequate staffing, unscheduled inspection requests may be made. Consultant respectfully requests
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as much advance notice as possible and will work diligently to provide inspection staff meeting your
needs.
At the request by the City, the inspector shall be asked to perform one or more of the following
inspection tasks:
• non-structural fire and life safety inspections
• structural inspections
• energy code inspections
• barrier free inspections
• mechanical & plumbing inspections
• building code compliance, compliance inspections
• The inspector will provide building inspections in accordance with the currently adopted
International Codes, Washington State Building Code (WAC 51-50 etc.), and Energy Code (WAC 51-
11), and the applicable City Building Codes. The inspector will confer with the City's Building Official
or his/her agent on any portion of the review that specifically requires an approval of the Building
Official under the applicable Code(s), or that involves an unusual interpretation.
• Inspections will be done in accordance with all codes, ordinances and regulations in effect and will
be performed in a courteous and professional manner. Up-to-date records of inspection status will be
maintained on the job card in the field and on the office copy of the permit.
• The City shall guarantee a minimum of 8 hours of inspection each work day that inspection services
are provided, unless otherwise mutually agreed.
• All inspections and re -inspections will be performed for compliance with the Washington Codes and
all applicable State, Federal and local laws and City amendments under the direction of City staff
using City procedures and methods. Consultant inspectors will confer with the Building Official and/or
designated staff member on all discretionary decisions or requests for alternate materials or types of
construction.
Consultant inspectors will provide services as if they were regular members of the City inspection
staff.
Vehicles:
City vehicles will not be used to perform City inspections unless specifically permitted and directed. If
City vehicles are used, reimbursement charges for milage will not apply. Reimbursement charges will
apply for use of private vehicles for inspection services.
Office Equipment, Computers etc.:
Consultant inspectors may (at the City's discretion) be assigned City office equipment such as
computers, tablets, phones, iPads or printers and may have access to these tools while on -call.
Consultant inspection staff will abide by the City policies and procedures regarding the use of all
assigned equipment.
ADDITIONAL SERVICES:
Additional services may be provided as needed and as mutually agreed upon. Note that Consultant
may be able to provide services which are not specifically listed below.
The following services are available at the request of the City depending on Consultant staff
availability.
• Permit Technician
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Code Training and Coaching: Upon request by the City, the Consultant shall assist staff with
knowledge and resources to enhance their skill level and efficiency. The Consultant will also help with
a coaching plan to assist obtaining ICC certification.
• Full day seminar style training sessions
• One on one sessions with staff
EXHIBIT B
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance
with the rates specified below or attached hereto, as Exhibit B.
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The rates set out in this exhibit may be increased annually during the life of the contract upon a 60-
day advance notice, provided the annual increase shall be no more than annual CPI from Engineering
News Record (ENR).
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub- recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
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- Exhibit B
Bureau Veritas' pricing reflects our commitment to the success of the City by helping you maintain significant quality and cost saving
benefits moving forward. These Include:
• Highly qualified staff familiar with the City's needs
• Reduced plan review turnaround times
• Implementation of electronic plan review processes to help improve efficiency and control costs
• Confidence of working with a well -established consultant in operation for 195+year
Percentage of City's Collected Fees
Percentage of City's Collected Fees 60%
Hourly Rates
Personnel Classifications
Project Manager
Hourly Billing Rate
$155.00
Structural Engineer/ Fire Protection Engineer/ Senior Plan Review Engineer
$160.00
Plan Review Engineer/Sr. ICC Certified Plans Examiner
$140.00
Fire Plan Reviewer
$135.00
ICC Certified Plans Examiner
$125.00
Sr. Building Inspector
$115.00-$135.00
Building Inspector
$95.00-$115.00
ICC Certified Permit Counter Technician
$70.00-$85.00
Administrative/Clerical Support
$60.00-$75.00
Pricing assumes that this contract is non -prevailing wage. For any prevailing wage projects, BV will discuss rates with the City to
account for the California Prevailing Wage requirements.
Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above.
All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/2 times the hourly rate for
overtime hours per State and Federal wage and hour laws. No overtime will be charged without prior consent.
Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will
discuss and negotiate fees to account for increased personnel costs.
Mileage for employee -owned vehicles used in connection with the work will be at the current IRS rate.
Hourly fees are subject to an annual adjustment in accordance with the CPI from Engineering News Record (ENR) with the City's
prior approval.
Plan review fees to be invoiced after initial review. Hourly services will be invoiced monthly.
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you must take reasonable steps to -ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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